SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate an understanding of South African law and the legal system with specific emphasis on Paralegalism 
SAQA US ID UNIT STANDARD TITLE
119508  Demonstrate an understanding of South African law and the legal system with specific emphasis on Paralegalism 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  15 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
The learner who achieves this unit standard will be able to understand South African law and the legal system with specific emphasis on Paralegalism.

The qualifying learner will be able to:
  • Explain how law in general and South African Law in particular evolved.
  • Explain the different divisions of law.
  • Explain the nature of the sources of South African law.
  • Display a knowledge and understanding of the hierarchy, composition and function of the courts in South Africa.
  • Explain the concept of judicial precedent as a source of law and apply it to the South African court structure
  • Discuss legal philosophy and its impact on the South African legal system and the practitioner.
  • Discuss the history and role of paralegals in the South African legal system. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The learner accessing this unit standard is assumed to have the ability to:
  • Communicate at NQF level 4
  • Apply numeracy skills at NQF level 4. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain how law in general and South African Law in particular evolved. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The historical development and role of law in general is discussed with a specific focus on the history of South African law. 

    ASSESSMENT CRITERION 2 
    Apartheid law and the changes to law since 1994 are explained. 

    ASSESSMENT CRITERION 3 
    The interaction of South African law with Roman Dutch Law, common law, customary law and constitutional law is discussed. 

    SPECIFIC OUTCOME 2 
    Explain the different divisions of law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The area of law described under the term private law and how it interacts with other divisions of law is discussed. 

    ASSESSMENT CRITERION 2 
    The area of law described under the term public law and how it interacts with other divisions of law is discussed. 

    ASSESSMENT CRITERION 3 
    The main areas of South African law are described. 

    ASSESSMENT CRITERION 4 
    The main areas of South African law are contrasted. 

    SPECIFIC OUTCOME 3 
    Explain the nature of the sources of South African law. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The sources of South African law are listed. 

    ASSESSMENT CRITERION 2 
    The different sources of South African law are discussed. 

    ASSESSMENT CRITERION 3 
    The interaction of the Constitution with the other sources of South African law is described. 

    ASSESSMENT CRITERION 4 
    The nature and the authority of the different sources of South African law is discussed. 

    ASSESSMENT CRITERION 5 
    The nature and the authority of the different sources of South African law are contrasted. 

    ASSESSMENT CRITERION 6 
    The development or origins of the different types of sources of South African law is described. 

    SPECIFIC OUTCOME 4 
    Display a knowledge and understanding of the hierarchy, composition and function of the courts in South Africa. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The structure and the hierarchy of the ordinary courts in South Africa is described. 

    ASSESSMENT CRITERION 2 
    The composition and the function of the ordinary courts in South Africa is outlined. 

    ASSESSMENT CRITERION 3 
    The composition and the function of the Constitutional court is described. 

    ASSESSMENT CRITERION 4 
    The composition and function of selected special superior and lower courts is described. 
    ASSESSMENT CRITERION RANGE 
    Special superior courts include Labour courts, Divorce courts and Land claims courts. Special lower courts include the Small claims courts, Equality courts and Community courts.
     

    ASSESSMENT CRITERION 5 
    The appropriate court to which different types of matters should be taken is identified. 

    SPECIFIC OUTCOME 5 
    Explain the concept of judicial precedent as a source of law and apply it to the South African court structure. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The reasons for having the precedent system and the requirements for the operation of the precedent system are appraised. 

    ASSESSMENT CRITERION 2 
    Judicial precedent as a source of law is described. 

    ASSESSMENT CRITERION 3 
    Judicial precedent as a source of law is contrasted with other sources of law such as legislation. 

    ASSESSMENT CRITERION 4 
    A detailed diagram illustrating the operation of the precedent system in the South African court system is constructed. 

    ASSESSMENT CRITERION 5 
    The concepts ratio decidendi and obiter dicta are defined and distinguished. 

    SPECIFIC OUTCOME 6 
    Discuss legal philosophy and its impact on the South African legal system and the practitioner. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The theory and thinking of specified legal philosophers is discussed. 

    ASSESSMENT CRITERION 2 
    The importance of professional ethics and its practical application is explained. 

    ASSESSMENT CRITERION 3 
    The role of the South African legal system within the broader political and constitutional system is explained. 

    ASSESSMENT CRITERION 4 
    The divisions within the South African legal fraternity are described. 

    SPECIFIC OUTCOME 7 
    Discuss the history and role of paralegals in the South African legal system. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The development of paralegalism in South Africa is described. 

    ASSESSMENT CRITERION 2 
    The different types of paralegals functioning in South Africa are described. 

    ASSESSMENT CRITERION 3 
    The role of the different paralegals in the legal fraternity is discussed. 

    ASSESSMENT CRITERION 4 
    The regulation of paralegal and legal practitioners is explained. 

    ASSESSMENT CRITERION 5 
    International developments in paralegalism are described. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    Moderation must include both internal and external moderation of assessments. Moderation of assessments will be overseen by the relevant ETQA according to the moderation guidelines and agreed ETQA procedures. This unit standard can be internally assessed by assessors of the provider and moderated by a moderator registered by the relevant ETQA. Moderation shall comply with SAQA requirements.

    Anyone assessing a learner or moderating the assessment of a learner against this unit standard must be registered as an assessor with the relevant ETQA. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    The learner will be able to demonstrate a foundational understanding of:
  • The nature and functioning of legal organisations and the legal system.
  • Legal philosophy.
  • Ethical and professional conduct.
  • Values such as fairness, justice, accountability. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and allocate problems in terms of divisions of law and legal philosophy. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, organisation or as a role-player in the legal fraternity. 

    UNIT STANDARD CCFO COMMUNICATING 
  • Communicate effectively in writing and orally to explain the South African legal system and their role in it.
  • Discuss the legal system in relation to other related systems like the political and historical. 

  • UNIT STANDARD CCFO DEMONSTRATING 
  • Demonstrate personal development in terms of embracing professional and ethical values and practices.
  • Demonstrate an awareness of the learner's responsibility as a role-player within the legal system and participate as responsible citizens in the life of local, national and global communities.
  • Demonstrate an awareness of the learner's role in generating cultural sensitivity within the legal system. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Core  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. 2000 SIMUNYE SECURITY TRAINING ACADEMY 
    2. ADVANCED RISK SOLUTIONS 10000 (PTY) LTD 
    3. AFRIC POLICING INSTITUTE 
    4. BITLINE SA 368 CC 
    5. BOKAMOSO INSTITUTE OF SOUTH AFRICA 
    6. BRIGHT IDEA PROJECTS 447 PTY LTD T/A MIND -THE- GAP 
    7. COLLINS SEBOLA FINANCIAL SERVICES (PTY) 
    8. Department Of Justice (head Office) 
    9. EKURHULENI EAST TVET COLLEGE 
    10. EKURHULENI WEST TVET COLLEGE 
    11. ELASON PRO-ACTIVE SECURITY (PTY) LTD 
    12. ENGIE SECURITY SERVICES TRAINING AND DEVELOPMENT CENTRE PTY LTD 
    13. GOLDFIELDS TVET COLLEGE 
    14. HJN POLOKWANE BRANCH PTY LTD 
    15. HJN PROTORIA BRANCH 02 
    16. HJN TRAINING CC 
    17. IFIHLILE TRAINING ACADEMY GAUTENG 
    18. Ikhwezi Training Institute (Pty) Ltd 
    19. INSTITUTE FOR PROFESSIONAL LEGAL TRAINING 
    20. LWAZI ACADEMY OF LEARNING 
    21. MAS SAFE SECURITY CC 
    22. MIDRAND TRAINING ACADEMY PTY LTD 
    23. NKANGALA TVET COLLEGE 
    24. ORBIT TVET COLLEGE 
    25. OXY TRADING 735 CC 
    26. RAMAZWI SECURITY SERVICES CC 
    27. RI A LINDA SECURITY SOLUTIONS 
    28. SA LAW SCHOOL DURBAN 
    29. SA PROTECTION AND SECURITY UNIT (PTY) LTD 
    30. SHAMARIAH SECURITY AND TRAINING 
    31. SIYANIVIKELA SECURITY SERVICES 
    32. SNAP SOLUTIONS NETWX PTY LTD 
    33. Success Skills Development and Training Pty Ltd 
    34. Tshwane South Public FET College - Central Office 
    35. TSHWANE SOUTH TVET COLLEGE ATTERIDGEVILLE CAMPURS 
    36. TSHWANE SOUTH TVET COLLEGE ODI CAMPUS 
    37. TSHWANE SOUTH TVET COLLEGE PRETORIA WEST CAMPUS 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.